[R.O. 2011 § 645.170; R.O. 2009
§ 120.40; CC 1981 § 28-61; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-6-1984]
This Article shall be known and cited
as the "Tow Truck Code."
[R.O. 2011 § 645.180; R.O. 2009
§ 120.41; CC 1981 § 28-62; Ord.
No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
For the purpose of this Article,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Operating a tow truck on a public highway at a slow rate
of speed or in any other fashion for the purpose of soliciting business
along the highway.
The Director of Finance for the City.
Any highway, road, street or alley open to the use of the
public for the purpose of vehicular traffic.
All acts and functions incident to the movement of a tow
truck from place to place; as well as all acts involved in the undertaking
of a tow, whether for hire or for personal or business use by the
owner of the tow truck; and the conducting of a business engaged in
the operation of a tow truck.
Any person who holds legal title to a vehicle or one who
has the legal right to possession thereof.
Any individual, co-partnership, firm, association, company
or combination of individuals of whatever form or character.
A radio receiver which is capable of operating on a frequency
assigned by the Federal Communications Commission for fire, police,
municipal or other governmental uses.
Requesting or attempting to sway an owner, his/her lawful
agent or representative to give permission to a tow truck to remove,
repair or store a vehicle for monetary consideration without a previous
request from the owner, his/her lawful agent or representative.
A mechanically propelled vehicle equipped with a device used
to hoist and tow, transport, convey or move other vehicles from place
to place upon authorization of the owner, his/her lawful agent or
representative.
Every device, whether mechanically propelled or drawn, in
or by which any person or property is or may be moved upon a public
highway, except devices moved only by human or animal power or a device
which works exclusively upon stationary rails or tracks and shall
include trailers and semi-trailers.
[R.O. 2011 § 645.190; R.O. 2009
§ 120.42; CC 1981 § 28-63; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-6-1984]
A.
It shall be unlawful for any person to
operate a tow truck within the City unless that person shall first
obtain a license from the Director of Finance for the tow truck or
unless the person shall be exempt by reason of one (1) or more of
the exemptions enumerated herein. Application for a license shall
be made on a form furnished by the Chief of Police and any license
issued shall be affixed to the lower left corner of the windshield
of the tow truck for which the license is obtained.
B.
No license shall be required of any person
operating a tow truck in the City from a location or place of business
not in the City, when such tow truck has affixed to its windshield
a license obtained from any County or City pursuant to an ordinance
of the County or City, which ordinance is similar in context to this
Article. The aforementioned license must be valid for the current
year and the licensee must comply with all requirements of such ordinance.
[R.O. 2011 § 645.200; R.O. 2009
§ 120.43; CC 1981 § 28-64; Ord.
No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
A.
The application for the license shall contain
the following:
1.
Name and address of the applicant;
if a natural person, the date and place of birth and Missouri State
operator's license number;
2.
If a corporation, the State under
which incorporated, the date of incorporation, the address of the
principal office and the names and addresses of its officers;
3.
If any other type of organization,
the name thereof, the location of its office and the names and addresses
of the principal officers, directors, trustees or managing officials
or partners;
4.
The place from which the tow truck
will operate and the number of the vehicles to be operated;
5.
A description of each tow truck giving
also the serial and motor number;
6.
There shall be annexed to the application
an affidavit to be sworn to by the applicant;
7.
The names and addresses of all persons
who will be directly involved in the operation of a tow truck under
the license.
[R.O. 2011 § 645.210; R.O. 2009
§ 120.44; CC 1981 § 28-65; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
Each application for tow truck license
shall be referred by the Director of Finance to the Chief of Police
who shall investigate the character and fitness of the proposed applicant
as well as any other persons listed as having an interest in the proposed
license. The Chief of Police shall within sixty (60) days file written
reports concerning the applicant with the Director of Finance and
further containing the Chief's recommendation for issuance or denial
of the license.
B.
Such license shall be issued by the Director
of Finance unless he/she finds one (1) or more of the following:
1.
Intentional misstatements or misleading
statements of fact in the application.
2.
Any parties interested in the proposed
operation of a tow truck in the City, having been convicted of any
violation of any Statute, law or ordinance involving theft, possession
of stolen property or interstate transportation of stolen vehicles
or who have previously had a business license suspended or revoked,
provided that if the Director shall find the conduct of such party
or parties subsequent to the aforesaid convictions, suspension or
revocation has been such as to indicate fitness to operate a tow truck
and that permitting such applicant to conduct such an operation would
not be contrary to the public interest, he/she may issue the license.
3.
Failure to pay the required application
fee.
C.
Each applicant shall be notified by mail
or hand delivery of the issuance or non-issuance of a license by the
Director of Finance.
D.
If the Director of Finance does not issue
a license, the reasons for his/her not doing so shall be in writing
and shall accompany the notice of non-issuance.
E.
The Director of Finance's determination
of non-issuance may be appealed under the provisions of Section 536.150,
RSMo.
[R.O. 2011 § 645.220; R.O. 2009
§ 120.45; CC 1981 § 28-66; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The fee for the issuance of a license under this Article shall be the amount stated in Section 150.030 for each tow truck, the fee to accompany the license application. No part of the fee shall be returnable.
[Ord. No. 22-168, 12-20-2022]
B.
The term of the license shall be for the
calendar year and may be renewed as provided herein for succeeding
calendar years. If license is obtained for a period other than a calendar
year, the license fee shall be prorated to the beginning of the next
year.
[R.O. 2011 § 645.230; R.O. 2009
§ 120.46; CC 1981 § 28-67; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
Within thirty (30) days of the expiration
of the license, a licensee may apply to the Director of Finance for
a renewal thereof.
B.
The licensee shall indicate any changes
from the information furnished to the Director of Finance at the time
of the original application.
C.
An application for renewal shall be accompanied
by a renewal application fee of twenty-five dollars ($25.00), no part
of which shall be returnable.
D.
The Director of Finance shall renew the
license if he/she shall find that the operation shall have been conducted
in accordance with all applicable laws and ordinances.
E.
If the Director of Finance does not renew the license, the procedures set forth in Section 645.240(B) shall be followed.
[R.O. 2011 § 645.240; R.O. 2009
§ 120.47; CC 1981 § 28-68; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The Chief of Police may suspend for a period
up to ninety (90) days or revoke a license heretofore issued, if he/she
finds one (1) or more of the following:
B.
In the event that the Chief of Police revokes
the license, the licensee shall be entitled to a hearing before the
Mayor upon notice duly given ten (10) days prior to the date of such
hearing. The decision of the Mayor and the reasons therefor shall
be sent by certified mail or hand delivered to licensee.
[R.O. 2011 § 645.250; R.O. 2009
§ 120.48; CC 1981 § 28-69; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
No license shall be transferred from
one owner to another, but an owner may transfer the license of one
tow truck to another tow truck. Such transfer shall only be made on
approval of the Chief of Police after written request was made to
him/her on forms provided by him/her for that purpose.
[R.O. 2011 § 645.260; R.O. 2009
§ 120.49; CC 1981 § 28-70; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
On each side of a tow truck, there shall
be legibly printed in letters not less than two (2) inches in height
the following:
[R.O. 2011 § 645.270; R.O. 2009
§ 120.50; CC 1981 § 28-71; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
The owner of a tow truck shall prepare
and file in triplicate with the Chief of Police a schedule of prices
to be charged for the towing and storage of vehicles. Such schedule
may be based on time, mileage or a combination of both. In addition,
the schedule may include the minimum charge for any undertaking involving
towing and storage. One (1) copy of the schedule shall be retained
by the Chief of Police, one (1) copy shall be returned to the applicant
upon the issuance of a license and one (1) copy shall be forwarded
to the Director of Finance.
B.
Prior to the undertaking of a tow, the
licensee or his/her agent shall present the schedule to the customer
for his/her examination. The schedule shall be on a special printed
form approved by the Chief of Police which shall serve not only to
advise a customer of the basis of charges under which the towing is
to be done, but also as an authority for the commencement of the tow
as a work order. This printed form shall be in duplicate and the customer
shall sign in a space provided below a bold face printed statement
declaring "I have examined the schedule of prices and I hereby authorize
the towing of my vehicle." A licensee or his/her agent or employee
shall give one (1) copy to the customer and shall retain the original
for his/her files.
C.
This original statement shall be retained
by the licensee for a period of one (1) year and shall be exhibited
by him/her upon demand to the Chief of Police or his/her authorized
representative.
D.
It shall be unlawful to charge a sum in
excess of that authorized by the schedule filed with the Chief of
Police.
E.
The form used by the licensee as hereinbefore mentioned shall, in addition to the information contained in Subsection (B) of this Section, contain the following:
1.
The full name and address of the
licensee.
2.
The full name and address of the
driver of the tow truck.
3.
The full name and address of the
person engaging the tow truck.
4.
The State license plate number or
the State vehicle identification number of the vehicle to be towed.
5.
The State license plate number of
the tow truck.
6.
The number of the license issued
by the City to the tow truck pursuant to this Article.
7.
Any other information required by
the Chief of Police.
[R.O. 2011 § 645.280; R.O. 2009
§ 120.51; CC 1981 § 28-72; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
All persons operating a tow truck or their
agents, when operating the tow truck, shall keep in their possession
a pad of printed statements containing his/her name and the address
of his/her place of business and after towing a vehicle shall prepare
one (1) of the printed statements in duplicate and furnish the original
to the owner of the vehicle or to his/her authorized representative.
B.
The statement shall contain the following
information:
1.
The full name and address of the
licensee and the number of the license issued to the tow truck pursuant
to this Article.
2.
The full name and address of the
person driving the tow truck.
3.
The full name and address of the
person engaging the tow truck.
4.
The State license number or the State
vehicle identification number of the vehicle.
5.
The total amount to be charged for
towing to include the number of miles towed and the storage rate per
day or price thereof.
6.
A duplicate of each statement shall
be retained by the licensee for a period of one (1) year and shall
be exhibited by him/her upon demand by the Chief of Police or his/her
authorized representative.
[R.O. 2011 § 645.290; R.O. 2009
§ 120.52; CC 1981 § 28-73; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
The provision of Sections 645.270 and 645.280 of this Article shall not be applicable to any licensee operating a tow truck under the terms of this Article when such licensee is under a written contract for a specific period of time with any person, firm or corporation to tow, transport, convey or move a vehicle owned or controlled by such person, firm or corporation to a specific location so designated for consideration set forth in such contract, provided that the licensee under this Article has in his/her possession at all times while towing, transporting, conveying or moving such vehicle such contract or verified copy thereof and shall display such contract or copy when required to do so by any Law Enforcement Officer. This provision shall not be so construed or interpreted so as to render or to relieve the licensee from complying with the other provisions of this Article.
[R.O. 2011 § 645.300; R.O. 2009
§ 120.53; CC 1981 § 28-74; Ord.
No. 81-99, 12-10-1981; Ord. No. 82-40, 5-19-1982; Ord. No. 84-130, 11-7-1984]
No license to operate a tow truck
shall be issued until and unless the applicant shall first obtain
a policy of insurance from a company authorized to do business in
the State or a bond of indemnity, acceptable to the Director of Finance,
with limits for bodily injury liability of at least twenty-five thousand
dollars ($25,000.00) for each person, fifty thousand dollars ($50,000.00)
for each accident and property damage liability of ten thousand dollars
($10,000.00) for each accident. No person shall operate a tow truck
in the City unless the operator shall be covered by an insurance policy
with the foregoing minimum limits of liability.
[R.O. 2011 § 645.310; R.O. 2009
§ 120.54; CC 1981 § 28-75; Ord.
No. 81-99, 12-10-1981; Ord. No. 84-130, 11-7-1984]
A.
No driver of a tow truck shall engage in
cruising.
B.
No driver of a tow truck shall invite or
permit loitering within or near his/her tow truck.
C.
No driver of a tow truck shall seek employment
by repeatedly driving his/her vehicle to and from in a short space
on any highway or otherwise interfering with the proper and orderly
progress of traffic along a public highway.
D.
No driver of a tow truck shall solicit
or attempt to divert prospective patrons of another tow truck.
E.
No driver of a tow truck shall solicit
or divert prospective patrons at a given garage in the City to any
other garage.
F.
No driver of a tow truck shall solicit, demand or receive from any person any pay or commission or emolument whatever except the proper fare for transporting the vehicle in accordance with the schedule of charges defined in Section 645.270.
G.
All licensees shall promptly report all
changes of address to the Chief of Police.
H.
A driver of a tow truck shall not remove
a vehicle involved in an accident in which a person has been killed
or seriously injured unless such vehicle has been released by a duly
authorized member of the Police Department.
I.
No person or agent of the person holding
a license pursuant to this Article shall use or have in his/her possession
a short wave receiver as defined herein while engaged in the business
of towing, except those persons under written contract with the City
or other municipal Police agency for towing services.
